section 1400(b) : CAFC Alert

The Federal Circuit finally provided guidance on patent venue rules and struck down Judge Gilstrap’s patent venue rules

| October 23, 2017

In Re: Cray Inc.

September 21, 2017

Before Lourie, Reyna, and Stoll.  Opinion by Lourie.


Cray petitioned for a writ of mandamus directing reversal of the order of the U.S. District Court for the Eastern District of Texas denying its motion to transfer venue and directing the district court to transfer the case to the Western District of Wisconsin.  The Federal Circuit found that the EX of TX misinterpreted the scope and effect of the precedent in determining that Cray maintained “a regular and established place of business” in the ED of TX within the meaning of §1400(b).  Therefore, the Federal Circuit held that the ED of TX’s decision to refuse transfer of the case was an abuse of discretion and granted Cray’s petition.

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